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what’s news in property, planning & environment?

7 may 2008

latest news - national

Mt Isa girl, 6, files suit against mining giant

It's a start, say foreign retailers

current articles - national

Governance of public-private partnerships: lessons learnt from an Australian case? Author:  Gudergan, Siegfried P; Johnston, Judy Source:  International Review of Administrative Sciences, Vol 73(4): December 2007; pp569-582 Subjects:  Management; New South Wales; Public private partnerships; Risk management; Tunnels

practice notes/directions - national

Cooperative Research Centre for Water Quality Submission - APRA's Prudential Framework for and Treatment Housing Lending

latest news - victoria

Industry warns on climate costs

25 April 2008 Victoria’s vital $29 billion manufacturing sector, will need major government assistance to overcome soaring costs from global warming policies, industry groups claim. They fear that if there is not significant support when an emissions trading scheme is running by 2012, manufacturing jobs and the greenhouse gas problem will be exported overseas.  

more...

500 properties face demolition

26 April 2008 Hundreds of homes, offices and factories in the city's inner east and west will be compulsorily acquired if Sir Rod Eddington's $18 billion plan to solve Melbourne's transport woes is implemented. Analysis of the Eddington study shows that under one option for the proposed 18-kilometre cross-city road tunnel, which would begin at one of 2 sites in the inner west and meet the Eastern Freeway in Clifton Hill, 496 properties would have to be demolished. more...

Landmark Homes activities stopped by CAV in Supreme Court

17 April 2008 Consumer Affairs Victoria (CAV) has won another round in its dispute with Landmark Homes (Aust) Pty Ltd, its director and related companies. The Supreme Court made orders prohibiting Landmark Homes (Aust) Pty Ltd (Landmark Homes) and Assetbuild Finance Pty Ltd (Assetbuild) from continuing to engage in conduct that CAV alleged was misleading and deceptive. Justice Hansen ordered that Landmark Homes and Assetbuild be restrained from representing that either: could provide to prospective purchasers, of house and land packages, a grant or rebate in connection with the prospective purchase; and would pay the rent of prospective purchasers of house and land packages.   more...

Melbourne Water announces $5 million regional benefits grants program

16 April 2008 Sugarloaf Pipeline Project has begun a $5 million grants program as part of a broader Regional Benefits Package for the Sugarloaf Project and separate from the compensation process for individual landowners affected. The Package aims to ensure that construction-related mitigation and offsets are delivered so as to provide long-term social benefits to affected communities.   more...

City council gears up for fight on bicycle lanes

23 April 2008 Melbourne City Council's plan for new separated bicycle lanes on a major East Melbourne road must be overturned, the Master Builders Association says.  The association will take the council to the state planning tribunal next week in a bid to block its "Copenhagen-style" bicycle lanes on Albert Street. Under the council's $500,000 plan for the East Melbourne bike lanes, Albert Street will be reduced from a 2-lane road all day to a single-lane road at all times, except during peak hours.   more...

$6.5 million sustainable projects for Victoria

24 April 2008 Environmentally friendly retirement villages, a sustainable street light project, an ecomuseum and an energy and water efficient dairy cleaning system are among the recipients of $6.5 million in Brumby Government funding for sustainability initiatives. Environment and Climate Change Minister, Gavin Jennings, announced the recipients of the Sustainability Fund grants at Heide Gallery in Bulleen stating a total of 34 projects, will be funded under the third round of the Sustainability Fund.   more...

Latrobe council to push for Traralgon bypass compo

24 April 2008 The Latrobe City Council will seek compensation from the Victorian Government for costs incurred by the route chosen for the Traralgon bypass.  The bypass will be built north of the route favoured by the council to avoid brown coal reserves to the south, but will run through more than 500 hectares of land that had been earmarked for residential development. Council Chief Executive Officer, Paul Buckley, says “it has been forced to revise plans since the Government changed its mind on the route last year”.  

more...

Court reserves decision in GST case

current articles - victoria

cases - victoria

Talacko & Ors v Talacko [2007] VSC 128

Long standing family dispute relating to extensive real property restituted to the defendant in Czech Republic, East Germany and Slovakia - original proceeding settled in 2001 pursuant to agreed terms of settlement - Proceeding reinstated following alleged breach of terms - separate trial of preliminary questions relating to issues of liability only - alleged breaches of terms of settlement by defendant - alleged repudiation or disentitlement by plaintiffs - construction of the terms of settlement - alleged uncertainty of terms - nature and extent of rights and obligations under the terms - terms breached by defendant - no repudiation or disentitlement by plaintiffs - terms not void for uncertainty - matters to be considered upon further trial of the proceeding.

Kakar v Midas Australia Pty Ltd (Retail Tenancies) [2008] VCAT 592

Retail tenancy - sub-tenancy - sub-tenant failing to pay rent - sub-lessor in turn failing to pay rent under head lease - re-entry by owner of reversion - re-entry by owner of reversion not a breach by sub-lessor of covenant for quiet possession - no implied term of sub-lease that sub-lessor will continue pay rent under head lease even if sub-tenant fails to pay rent - no claim against sub-lessor.

Fraser & Ors v Di Paolo & Anor [2008] VSC 117

Real property - restrictive covenant - whether plaintiffs established circumstances fitting s. 84(1)(a) or s. 84(1)(c) of the Property Law Act 1958.

practice notes/directions - victoria

Draft Water Market Regulations

latest news - new south wales

City rents ready for take-off

26 April 2008 Retailers are in for a tough time in coming months, but rents are going up, particularly in the CBD, because of a severe lack of space. When the redevelopment of the former Mid City Centre is completed in about a year, and Westfield's mega-project is finished, rents along Pitt Street Mall are tipped to almost double to as much as $12,000 a square metre. Alex Alamsyah, Knight Frank's retail leasing manager, says “the demand for highly accessible retail space in the city centre is maintaining a solid base under retail rents”.   more...

Developers don't rule NSW policy: Sartor

19 April 2008 “Homeowners will not lose their property to developers under proposed compulsory acquisition laws, unless an urban renewal project is in the works”, NSW Planning Minister ,Frank Sartor, says.  An embattled NSW government, facing persistent criticism over its deals with developers, is once again under fire over draft legislation the opposition says is designed to benefit private property developers.   more...

Developers oppose law to ensure quality

22 April 2008 Developers have asked the Minister for Planning, Frank Sartor, to drop a proposed amendment to planning laws which would stop private certifiers signing off on homes with illegal building work. Under the law now, new houses and units may not be occupied until the council or a private certifier issues an occupation certificate. more...

Planning law changes to clog courts: experts

23 April 2008 Controversial State Government changes aimed at speeding up planning decisions could backfire, clogging up the Land and Environment Court with challenges to developments based on legal technicalities, say experts. The Planning Minister, Frank Sartor, wants to allow home builders and renovators to appeal to an arbitrator if councils reject their development applications or fail to make a decision within a specified time.   more...

NSW govt to create retail advocate to protect shop owners

14 April 2008 NSW shop owners may soon be protected by a competition commission-style retail advocate, under a state government proposal to better monitor dodgy retail landlords. The NSW government says it will create an Office of the Retail Advocate, which would be based on the competition watchdog, the Australian Competition and Consumer Commission, to stamp out unscrupulous actions by corporate landlords.   more...

current articles - new south wales 

latest news - queensland

Gladstone Port expansion passes critical environmental milestone

21 April 2008 Gladstone Ports Corporation has been given the final tick of approval from the Federal Government Department of the Environment, Heritage and the Arts, to proceed with the development of one of Australia’s largest coal port terminals. Premier, Anna Bligh, said “this is an important milestone in the process to enable the State to develop a world leading coal port critical to the future of the State’s coal industry”. Federal Minister, Peter Garrett, signed off on the Environmental Impact Study (EIS) after the Corporation satisfied all of his department’s stringent requirements.  more...

BCC paying $13m a year in rent

24 April 2008 Brisbane City Council is now spending $12.87 million a year renting CBD properties in Brisbane, while City Hall needs at least $120 million to bring it up to scratch.  The council's rent expenditure in the CBD includes a very favourable deal to spend $11.33 million a year to rent 23 floors in the Brisbane Square building on George Street.  It is understood Brisbane City Council has a 20-year lease on the site, with a 10-year option to extend.   more...

Qld Govt criticised over water grid tenders 

21 April 2008 Auditor-General, Glenn Poole, has criticised some of the tendering processes for south-east Queensland's water grid. Mr Poole is giving evidence to a Queensland Parliamentary Committee and is concerned about public sector companies that the State Government has set up to deliver major projects. more...

Gold Coast hotel accommodation sector to weather storm

23 April 2008
The Gold Coast hotel accommodation sector will
continue its strong performance in 2008, despite
challenging national tourist market conditions,
according to new forecasts from CB Richard Ellis.
Data recently released by the Australian Bureau of
Statistics shows that the Gold Coast city region,
Australia’s 3rd largest hotel market by total number of
rooms, registered record occupancy levels of 71.1%
in 2007, up 1.4% on 2006.   more...

Former property developer to stand trial on fraud charges

15 April 2008 Former Brisbane-based property developer, Keith James McCoy, has been committed to stand trial in the District Court on 14 criminal charges laid by the Australian Securities and Investments Commission (ASIC). McCoy, 58, appeared in the Brisbane Magistrates Court today in relation to 5 counts of forging cheques and 9 counts of dishonestly using his position as a company officer following ASIC’s investigation into the collapse of Blueprint Developments (Aust) Pty Ltd (Blueprint Developments). Blueprint Developments was involved in the construction and redevelopment of Sydney commercial properties between 2000 and 2003.   more...

Council seeks compo for crumbling road

15 April 2008 Sunshine Coast Regional Council will seek compensation from the state government for the cost of repairing roads that are falling apart from the construction of the northern interconnector pipeline.  Division 1 Councillor, Anna Grosskreutz, placed the blame for the deteriorating road squarely on heavy trucks used in the construction of the interconnector pipeline and said the new regional council would not stand for the destruction of infrastructure to feed another region’s needs.   more...

Government floats new zone for boat-builders

21 April 2008 A proposal that could see the Gold Coast international marine precinct double in size has today been declared a “significant” project by the Queensland Government. Coordinator-General, Colin Jensen, said “the declaration would trigger an in-depth environment study to assess any potential impacts of the expansion of the marine industrial site on the Coomera River”. 

Canal estates and marinas labelled safest investments

17 April 2008, QBR Residential canal estates have been labelled the safest investments in property, according to real estate expert Terry Ryder, despite the current economic downturn many are expecting. 

current articles - queensland

Decentralised water supplies: South-East Queensland householders' experience and attitudes Author: Gardiner, A; Gardner, T; Skoien, P Source:  Water, Vol 35(1): February 2008; pp53-58 Subjects:  Queensland, South East; Water conservation; Water supply; Attitudes; Longitudinal studies; Statistics

legislation - queensland

Queensland

Current Reprints

Building Regulation 2006 No.2C Government Owned Corporations Regulation 2004 No.2G Integrated Planning Regulation 1998 No.6H Valuation of Land Regulation 2003 No.2B revised Crime and Misconduct Regulation 2005 No.1B Environmental Protection Regulation 1998 No.6G Fair Trading Regulation 2001 No.2D Freedom of Information Act 1992 No.10E Integrated Planning Regulation 1998 No.6G Mineral Resources Regulation 2003 No.4F Petroleum and Gas (Production and Safety) Regulation 2004 No.2C Public Trustee Regulation 2001 No.3A State Penalties Enforcement Regulation 2000 No.7M Transport Operations (Marine Pollution) Regulation 1995 No.1R Valuation of Land Act 1994 No.6E Whistleblowers Protection Act 1994 No.4C

Bills

Justice Legislation Amendment Bill 2008

Aboriginal and Torres Strait Islander Land Amendment
Bill 2008 (17 April 2008)
Consumer Credit (Queensland) and Other Acts
Amendment Bill 2008 (16 April 2008)
Mineral Resources (Peak Downs Mine) Amendment Bill
2008 (15 April 2008)
National Gas (Queensland) Bill 2008 (15 April 2008)

Subordinate legislation as made

Government Owned Corporations (QPTC Wind-Up)
Regulation 2008 (SL No 92 of 2008)
Transport Operations and Other Legislation
Amendment Regulation (No. 1) 2008 (SL No 94 of
2008)
Aboriginal and Torres Strait Islander Communities
(Justice, Land and Other Matters) Amendment
Regulation (No. 1) 2008 (SL No 97 of 2008)
Water Amendment Regulation (No. 1) 2008 (SL No 98
of 2008)
Environmental Protection Amendment Regulation (No.
1) 2008 (SL No 99 of 2008)
Proclamation commencing certain provision
Environmental Protection and Other Legislation
Amendment Act 2007 (SL No 100 of 2008)

 Nature Conservation (Protected Areas) Amendment
Regulation (No. 1) 2008 (SL No 101 of 2008)
Urban Land Development Authority Amendment
Regulation (No. 1) 2008 (SL No 103 of 2008)

practice notes/directions - queensland 

Brisbane City Plan 2000: Amendments Pursuant to Schedule 1 of the Integrated Planning Act 1997

cases - queensland

Lillywhite v Chief Executive Liquor Licensing Division, Department of Tourism, Fair Trading and Wine Industry [2008] QCA 088

Appeal and new trial - appeal - practice and procedure - Queensland - when appeal lies - by leave of court - generally - where the applicant is a proprietor of licensed premises in Townsville - where the applicant conducts takeaway liquor businesses under general licences - where the respondent imposed a condition on general licences in Townsville that prohibited the sale of takeaway liquor prior to 10 am - where the applicant seeks leave to appeal against the decision of the District Court under s 118(3) District Court of Queensland Act 1967 (Qld) - whether there was an error of law in the decision of the Commercial and Consumer Tribunal - whether the application for leave to appeal should be dismissed.  Administrative law - judicial review - grounds of review – error of law - where the respondent imposed a condition on the applicant’s general licences that prohibited the sale of takeaway liquor prior to 10 am - where the District Court dismissed the applicant’s appeal from the Commercial and Consumer Tribunal - where the appeal to the Tribunal against the respondent’s decision was by way of re-hearing of the evidence -where the authority must act in good faith and not act arbitrarily or capriciously - where the Tribunal was not bound by the rules of evidence - where the discretions conferred upon the respondent by s 107C(1)(c) and s 107C(1)(d) Liquor Act 1992 (Qld) were unconfined -whether the Tribunal breached its duty by making a decision based on findings of fact that were unsupported by probative material - whether the Tribunal erred in law as there was insufficient evidence to sustain the Tribunal’s findings in relation to s 107C(1)(c) and s 107C(1)(d) Liquor Act 1992 (Qld).   Liquor law - licensing - other matters - where the respondent imposed a condition on the applicant’s general licences that prohibited the sale of takeaway liquor prior to 10 am - where the condition was imposed for a period of 6 months after which a review of the decision was to be made - whether the decision to impose the condition was for a “trial period” which was beyond the respondent’s power.  more...

In the matter of Application for Mining Lease No 50228 by Green Coast Resources Pty Ltd

Mining Lease No. 50228 be granted over the whole of the application area for a term of 5 years.  South of Point Lookout, North Stradbroke Island for the purpose of mining for ilmenite, minor rutile and zircon.  more...

Waterman's Rent My Property Pty Ltd v Stathams Real Estate (Qld) Pty Ltd [2008] QDC 080

Practice and procedure -defendant applies for a stay of the claim in reliance on a Scott v Avery clause - stay granted. more...

Filippini v Chief Executive, Department of Tourism, Fair Trading & Wine Industry Development [2008] QCA 096

Professions and trades - auctioneers and agents - construction of statutory provisions - Queensland - licences - where the respondent is a licensed real estate agent - where the respondent was found to have, on 2 occasions, contravened s 145 of the Property Agents and Motor Dealers Act 2000 (Qld) by obtaining a beneficial interest in a property placed with her for sale - where the District Court overturned the decision to cancel the respondent's real estate agent's licence, imposing in lieu thereof fines for the offending conduct - whether the respondent is a "suitable person" to hold a real estate agent's licence - whether the offending conduct justified the cancellation of the respondent's real estate agent's licence. more...

The Village Building Co Limited v Airservices Australia [2008] FCAFC 57

Aviation - anticipated endorsement of an ultimate capacity Australian Noise Exposure Forecast (ANEF) by Airservices Australia ("AA") - application by an owner of land zoned Rural hoping for a rezoning to Residential for declaratory and injunctive relief in respect of the anticipated endorsement.  Administrative law - application for judicial review - whether there was a "matter" within meaning of s 39B of the Judiciary Act 1903 (Cth) - appellant’s standing - procedural fairness - whether AA in performing its obligation under s 9(2) of the Air Services Act 1995 (Cth) ("Air Services Act") must examine all material used to prepare a draft ANEF.  Statutory construction - whether draft ANEF endorsed by AA pursuant to Air Services Act and in accordance with Ministerial direction becomes an ANEF "endorsed in the manner approved by the Minister" within s 5 of the Airports Act 1996 (Cth) ("Airports Act") - whether an ANEF can be made for a period in excess of 20 year planning period provided by s 72 of the Airports Act.

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